Integrity Legal

This blog frequently discusses issues that are relevant to those who are in same-sex or LGBT relationships seeking United States immigration benefits for their loved ones overseas. In a posting on the blog Immigration Equality the recently handed down decision in a Massachusetts Court case challenging the Defense of Marriage Act (DOMA) was discussed. The following is a direct quote from the July 9th posting:

Yesterday a Massachusetts federal district court judge sided with the Gay and Lesbian Advocates and Defenders and with the state of Massachusetts and found that it is unconstitutional for the U.S. federal government to refuse to recognize same sex marriages that are validly entered into in the couple’s state. This is a huge victory and we should all take a moment to celebrate! But, this battle is far from over.

Apparently, this ruling will not have a practical impact in the short term as the Court opted to “stay” the decision until the appeal process is exhausted.   The report went on to analyze the possible outcome should the United States Judicial Branch ultimately find that DOMA is unconstitutional:

If, eventually, the Supreme Court upholds the ruling that DOMA is unconstitutional, same sex couples that are validly married, would be able to receive federal benefits, including immigration, based on their marriage. Basically, this would mean that binational couples who live in the handful of states that allow same sex marriage could get immigration benefits, and couples who live in states with mini-DOMAs could not.

Many feel that the main issue in this case is that of States’ Rights. Presently, the United States government does not recognize the legality of a same sex marriage even where such a marriage was validly solemnized pursuant to the laws of a sovereign US state. This tension between the Federal and State power is often an issue in matters involving conflicting state and federal regulations. That said, where such conflict has an adverse impact upon individual rights, equal protection under the law, substantive due process, and Federal benefits, then the issue may be ripe for judicial review.

As the Immigration Equality blog accurately noted, this decision does not mark the end of the pursuit for those seeking equal US immigration rights as, at the time of this writing, those seeking a US family visa based upon an LGBT relationship (sometimes referred to as a same sex visa) still cannot obtain visa benefits notwithstanding the recently promulgated decision.

Although a judicially created solution for same sex couples may not be available for a relatively long period of time, the passage of legislation similar to the Uniting American Families Act (UAFA) either within the provisions of a Comprehensive Immigration Reform Bill or as stand alone legislation could create a new family based visa category for “Permanent Partners” of US Citizens or Lawful Permanent Residents.

For those interested in learning more about US Immigration issues for same sex couples in Thai please see: LGBT immigration.

Tags: Bisexual Visa, CIR, Comprehensive Immigration Reform, gay visa, Lesbian Visa, lgbt immigration, lgbt visa, same sex us immigration, same sex us visa, same sex visa, Transgendered Visa, uafa, Uniting American Families Act, us immigration gay couple, us immigration lesbian couple, us visa gay couple, us visa lesbian couple, us visa same sex couple, us visa transgendered
Posted in lgbt immigration, same sex visa | No Comments »

For those who read this blog on a regular basis a common theme is that of LGBT immigration rights. US Immigration law, under current regulations including the Defense of Marriage Act (DOMA), dictates that Same-Sex Bi-National Couples are legally precluded from receiving US Immigration benefits based upon a legally solemnized same sex marriage, civil partnership, or civil union. That said, in recent years, Congressional Representatives such as Jerry Nadler have introduced legislation, often referred to as the Uniting American Families Act or simply UAFA, that would provide a means of applying for Immigration benefits for same-sex “permanent partners.” In previous blog posts, this author has discussed Comprehensive Immigration Reform and how changes in American Immigration law may, or may not, change the current rules in order to allow bi-national same sex partners to apply for family immigration benefits. In a previous blog post, we discussed recently proposed Comprehensive Immigration Reform legislation introduced by Illinois Representative Luis Gutierrez and how said draft legislation did not include provisions for same sex immigration benefits. On that note, the following was posted on the WashingtonBlade.com:

An influential pro-immigrant U.S. House member has endorsed including protections for LGBT bi-national couples as part of comprehensive immigration reform legislation. In a statement Thursday, Rep. Luiz Gutierrez (D-Ill.) said inclusion of language allowing LGBT Americans to sponsor foreign partners for residency in the United States is an important part of a broader reform bill. “Our efforts to fix our broken immigration system and protect basic civil rights are not truly comprehensive if we exclude same-sex couples,” he said. Standalone legislation that would enable an estimated 36,000 bi-national same-sex couples to stay together in the United States is known as the Uniting American Families Act. Proponents of the legislation have been seeking inclusion of UAFA as part of upcoming comprehensive immigration reform legislation in Congress. Gutierrez is schueduled to announce officially his support for inclusion of UAFA on Monday at a press conference in Chicago, Ill. Joining him at the conference will be Rep. Mike Quigley (D-Ill.) and gay Rep. Jared Polis (D-Colo.), who also support inclusion of LGBT couples in immigration reform. Late last year, Gutierrez introduced his own version of comprehensive immigration reform legislation that was seen an alternative to the working bill expected later. However, even though Gutierrez is a co-sponsor of UAFA, the legislation didn’t include UAFA-like language. According to the statement from Gutierrez’ office, the lawmaker’s recent announcement means he’s “recommitting himself” to inclusion of specific UAFA-like language as part of comprehensive reform…

In the previous post in which this proposed Comprehensive Immigration Reform (CIR) legislation was discussed this author found it unfortunate that LGBT Immigration issues were not mentioned in the provisions of the draft legislation. That said, this author is happy to see that the issue of Same-Sex and LGBT Immigration rights is being discussed within the context of CIR. Should it come to pass, Comprehensive Immigration Reform will likely represent one of the most important changes to Federal Immigration law in, at least, the past 25 years. With this in mind, the fact that LGBT Immigration is currently being discussed within the context of CIR at least hints at the possibility that US Immigration law will be modified in order to grant benefits to those couples who, at the time of this writing, cannot be re-united in the United States in the same manner as so-called “different-sex” couples.

For further related information please see: US Visa Thailand, K1 visa, same sex visa or same sex marriage.

Tags: CIR, Comprehensive Immigration Reform, Defense of Marriage Act, different-sex Immigration, different-sex marriage, DOMA, Jerry Nadler, K1 Visa, lgbt immigration, lgbt visa, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Immigration Law, US Visa Thailand
Posted in Comprehensive Immigration Reform, K1 Visa, lgbt immigration, News, same sex visa, US Visa and Immigration, US Visa Thailand | No Comments »

The issue of Comprehensive Immigration Reform seems to be more hotly debated as the mid-term Congressional elections in the United States approach. Recently, President Barack Obama was quoted as saying:

What has become increasingly clear is that we can no longer wait to fix our broken immigration system, which Democrats and Republicans alike agree doesn’t work. It’s unacceptable to have 11 million people in the United States who are living here illegally and outside of the system. I have repeatedly said that there are some essential components that must be in immigration legislation. It must call for stronger border security measures, tougher penalties for employers who hire illegal immigrants and clearer rules for controlling future immigration. And it must require those who are here illegally to get right with the law, pay penalties and taxes, learn English, pass criminal background checks and admit responsibility before they are allowed to get in line and eventually earn citizenship. The outline presented today includes many of these elements. The next critical step is to iron out the details of a bill. We welcome that discussion, and my Administration will play an active role in engaging partners on both sides of the aisle to work toward a bipartisan solution that is based on the fundamental concept of accountability that the American people expect and deserve.

Many argue that the United States Immigration system needs to be modified as it is proving to be too inflexible when it comes to dealing with some of the important immigration problems of the day. A case in point is the debate on Same Sex US Immigration benefits for bi-national couples. At present, same-sex bi-national couples cannot receive the same family immigration benefits as different sex couples due to provisions in the Defense of Marriage Act (DOMA). In short these couples cannot receive a same sex marriage visa. Many hope that by placing specific legislative language akin to the provisions of the Uniting American Families Act (UAFA) into the Comprehensive Immigration bill this policy of providing disproportionate benefits will come to an end.

Overall, the current immigration system has improved for those seeking immediate relative immigration benefits (IR1, CR1, IR2, etc). For example, the  National Visa Center has begun administratively closing K3 Visa applications as the need for such expedited travel documents is felt to be no longer necessary for those seeking immigrant benefits since USCIS no longer has a high backlog for such petitions. The K1 visa is still processing in the same manner as it has in the past. However, some of the preference petition categories are still processing quite slowly. Also, this brief assessment does not look at employment based immigration issues associated with visa categories such as the L1 visa and the E2 visa nor does it begin to tackle to issue of undocumented workers and immigrants in the USA.

For further information on this issue please see: Fiance Visa Thailand.

Tags: Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, Fiance Visa Thailand, K1 Visa, K3 Visa, lgbt immigration, LGBT US Immigration, LGBT US Visa, lgbt visa, Same Sex CR1 Visa, Same Sex IR1 Visa, Same Sex K1 visa, Same Sex K3 Visa, same sex visa, uafa, Uniting American Families Act, US Visa, US Visa Thailand
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, lgbt immigration, National Visa Center, same sex visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As frequent readers of this blog may be aware, two of the most hotly debated issues in the realm of United States Immigration are: Comprehensive Immigration Reform and US Family Immigration benefits for LGBT bi-national couples. A seemingly unrelated issue is that of the upcoming United States Census. Recently, the LGBT immigration blog Immigration Equality.org discussed how the US Census and the issues of Comprehensive Immigration Reform and LGBT Visas are connected:

“Research conducted by the Asian American Legal Defense and Education Fund (AALDEF) shows an excellent reason for undocumented immigrants to participate in the census: They can actually use the completed census form as proof of continuous physical presence in the U.S., should Congress enact a path to citizenship, with requires such proof for residency, in the future. Additionally, certified copies of completed census forms can be used as evidence of continuous presence in the U.S. under certain current laws as well. These include the amnesty program under the Immigration Reform and Control Act of 1986 (IRCA); amelioration provisions of the Legal Immigration Family Equity Act of 2000; and for Temporary Protected Status (TPS) (for when one cannot return due to war, natural disasters etc.) under the Immigration and Nationality Act Section 244…There are undocumented immigrants living in the US in same-sex binational relationships as well, and they should be counted, too. A recent Immigration Equality client, living here with his American partner for nearly 20 years, was detained upon trying to re-enter the United States after going home to visit his dying mother. By participating in the confidential census process, couples like these can be “counted,” and give voice, through their numbers, to the very real plight of binational couples who have, for too long, remain too hidden in the shadows.”

As explained above, proof of having participated in a US Census can be used as evidence to show one’s continuous residence in the United States of America. Therefore, participating in the Census can be a beneficial endeavor for certain individuals.

It is interesting to note how the issue of undocumented aliens intersects with the issue of LGBT Immigration rights as these two groups would otherwise seem to have interests that are unrelated, but at this time same sex bi-national and undocumented aliens are in legally precarious position. In this author’s opinion, Comprehensive Immigration Reform could be the solution to both of these groups’ problems, but this author believes that it is more likely that the US Courts will deal with the issue of same sex immigration when they adjudicate the Constitutionality of the Defense of Marriage Act (DOMA). However, the outcome with regard to all of these issues remains to be seen.

For information about US Immigration from the Kingdom of Thailand please see: US Visa Thailand.

Tags: gay immigration, Gay Immigration Rights, gay us visa, lgbt immigration, LGBT Immigration rights, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand | No Comments »

In recent weeks we have discussed the possibility that Comprehensive Immigration Reform may be in the offing. However, legislation of this magnitude is unlikely to be passed quickly. With that in mind, many different organizations have chimed in with their opinion about Comprehensive Immigration Reform.

Recently, Secretary Napolitano of the Department of Homeland Security conducted a USCIS stakeholders meeting and discussed Comprehensive Immigration Reform. The following is contained in a readout from a press release promulgated by USCIS and distributed by AILA:

“Secretary Napolitano stressed that the broken immigration system is a problem that has been ignored too long, and said today’s meeting was another important step forward in this administration’s efforts to work with our colleagues in Congress and representatives from law enforcement, business, labor, the faith community, advocacy groups and others to fix our current laws. She welcomed the input of the participants and emphasized the importance of continued collaboration between the Department and immigration stakeholders.”

The press release went on to note that support for Comprehensive Immigration reform comes from both parties as most lawmakers feel that change is needed. The Secretary noted her admiration for the spirit of cooperation exhibited by legislators:

“In today’s meeting, Secretary Napolitano commended the bipartisan proposal set forth by Senators Chuck Schumer and Lindsey Graham, which reflects the administration’s commitment to effective enforcement; addresses the need for improved legal flows for families and workers; and offers a firm but fair path to citizenship for those who are already in the United States.”

President Obama has made statements in support of Immigration reform and the Secretary voiced her willingness to work with the President and lawmakers as solutions to the immigration problems are sought:

“Secretary Napolitano looks forward to continued work with President Obama, Senators Schumer and Graham and other Congressional partners, as well as stakeholders across the country as she continues to do everything she can to build a successful new immigration system.”

This author is intrigued to see that the there seems to be increasing support for some form of immigration reform. Although the outcome of any legislative initiative remains to be seen, there are some interest groups, particularly those supporting LGBT immigration rights, who hope to see dramatic changes to the United States Immigration system.

Hammering out a bill to address the major flaws in the current system will not be easy and there are some who believe that no immigration reform will be passed until after the mid-term congressional elections.

Tags: Comprehensive Immigration Reform, Department of Homeland Security, DHS, lgbt immigration, lgbt visa, Secretary Napolitano, US Immigration, US Visa, USCIS
Posted in lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent posting on the Immigration Equality.org web log, the organization described the current situation with regard to Comprehensive Immigration Reform:

With healthcare out of the way, now is the time to act!

In the last few weeks, comprehensive immigration reform has been moved forward through a series of events. Senators Schumer and Graham have met with President Obama to outline a comprehensive immigration proposal. They presented that proposal in the Washington Post, and Obama released a statement of support. The President has also met with the Congressional Hispanic Caucus about moving comprehensive immigration reform forward. Finally, the March For American last Sunday brought over 200,000 supporters to Washington, DC demanding comprehensive immigration reform.

For those with loved ones in the Immigration system, an overhaul of the current apparatus is believed to be increasingly necessary. This belief is even more acute in the LGBT community as current United States law precludes bi-national same-sex couples from being accorded that immigration benefits that are regularly provided to different-sex couples. At the heart of this issue is the Defense of Marriage Act (DOMA) which legally defines the term “marriage” as being between a man and a woman. Many in the LGBT community feel that this legislation should be repealed or thrown out by the US courts, but so long as it is the law it has a very detrimental impact upon those bi-national same sex couples who wish to receive American family based immigration benefits. The aforementioned blog post describes ways in which supporters of LGBT immigration rights can contact their representatives about Immigration reform:

“Call the U.S. Capitol Switchboard at 202-224-3121 and ask for your Representative and Senators. Tell them:

‘I urge you to support and to work to pass comprehensive immigration reform that includes the Uniting American Families Act.’

Call 3 times so you can talk to your Representative and two Senators!

If you want to speak to your representatives in person, the best time is during a Congressional Recess or on a weekend.

Congress is in recess during the following times:
• March 29 – April 9
• June 1 – June 4
• July 5 – July 9
• August 9 – September 10″

As with any legislative initiative, support must come from concerned citizens and the best way for citizens to voice their concerns is by contacting their elected representatives. Hopefully, through community action, legislative proposals such as Comprehensive Immigration Reform and the Uniting American Families Act (UAFA) the dream of a better and more egalitarian immigration system will become a reality.

Tags: Defense of Marriage Act, DOMA, Immigration Equality, lgbt immigration, lgbt visa, Same Sex Immigration, same sex visa, uafa, Uniting American Families Act, US Immigration, US Visa
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, lgbt immigration, same sex visa, Upcoming Legislation | No Comments »

The authors of this blog keep a close eye upon pending legislation in both the Kingdom of Thailand and the United States of America. Vigilance must be maintained in order to be fully aware of all of the current Immigration policies, procedures, rules, regulations, and laws in both countries. This blog has repeatedly reported on issues involving same-sex couples seeking United States Immigration benefits as this poses one of the most politically pressing and legally confusing issues of United States Immigration at this time.

Currently, the United States Congress is debating legislation that would attempt to tackle some of the major problems in the area of US Immigration. Recently a bill was introduced that would reform current American Immigration law with regard to refugees. Some feel that an even more pressing piece of legislation is that which would provide comprehensive immigration reform in the USA.

Same Sex Immigration issues have been dealt with in separate proposed legislation called the Uniting American Families Act (UAFA), but there are those who hope that a Comprehensive Immigration Reform bill will eventually include immigration benefits for same sex couples. A very popular website and blog, Immigration Equality.org, has been posting updates regarding the situation in Washington D.C. where marchers will be falling upon the US Capital to demand Comprehensive Immigration Reform legislation. Most notable, is the fact that among the marchers LGBT rights activists are campaigning for equal rights in the US immigration process. To quote Immigration Equality’s blog directly:

“In the midst of the tens of thousands rallying for reform, a contingent of 300 to 500 people will on hand, with rainbow flags in hand, to bring attention to the struggles of lesbian, gay, bisexual and transgender (LGBT) immigrants and their families. And before they set their first foot on the grassy lawn off Constitution Avenue, their presence is already being felt and making change.”

The blog added a personal touch to its report of this demonstration:

“[Laurie] Larson will be marching with the Immigration Equality contingent in honor of her close friend Steve – an American citizen – whose partner of nearly a decade, Joe, was recently forced to leave the country after losing his job and, by extension, his work visa, too. Had Steve been in a heterosexual relationship, he could have married his partner and they would have qualified for residency. But because Steve and Joe are both male, that option doesn’t exist for them. Under current U.S. immigration law, Steve cannot sponsor Joe for residency simply because they are gay.”

The idea that an American Citizen, who could legally marry a foreign national of the same sex in some US jurisdictions, cannot obtain a US family based visa for their same sex loved one definitely smacks of inequality where the same American could petition for visa benefits for their loved one if the loved one was of a different sex. That being said, these issues have yet to be played out and there are some who believe that the issues of same sex family based immigration will likely be dealt with in the US Courts as the Defense of Marriage Act‘s (DOMA) constitutionality is currently being challenged by the Commonwealth of Massachusetts.

For information on US Immigration in general please see: US Visa Thailand.

Tags: CIR, Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, gay immigration, lgbt immigration, lgbt visa, Same Sex Immigration, uafa, Uniting American Families Act, US Gay Visa, US LGBT visa, US same sex visa, US visa same sex marriage massachusetts
Posted in lgbt immigration, same sex visa | No Comments »

As it is the Holiday season in the United States many families are reunited with their loved ones in order to be together during the festivities. However, there are some families who cannot be reunited in the US due to restrictions imposed by US Immigration law. Most notable among those who probably will not be re-united this Christmas are same-sex bi-national couples. Since the Defense of Marriage Act was passed in the mid-1990′s it has been virtually impossible for bi-national same-sex couples to receive US Immigration benefits even where their marriage was executed in a jurisdiction in the United States of America. In a recent blog post on the website ImmigrationEquality.org the author notes that recently proposed Immigration reform legislation does not address the issues associated with Lesbian, Gay, Bisexual, and Transgendered (LGBT) Immigration.  To quote directly from the blog:

“Earlier today, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.

First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.”

It is this author’s opinion that the same-sex immigration issue will likely be dealt with in the United States Courts as the United States House of Representatives and the United States Senate seems reluctant to either overturn the Defense of Marriage Act (DOMA) or pass the Uniting American Families Act (UAFA). However, this author believes that the Defense of Marriage Act is in direct violation of the 10th Amendment of the United States Constitution because DOMA overrides state prerogatives regarding what constitutes a valid marriage. From a Constitutional standpoint, this author hopes to soon see the onerous provisions of DOMA either repealed through legislation or struck down by the courts.

For more information please see: US Visa Thailand

Tags: American Immigration, American Visa, lgbt immigration, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
Posted in Legal Opinion, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

It would appear that although repeal of the Defense of Marriage Act (DOMA) may not be happening anytime during the current legislative session. For same sex partners of United States Citizens, there may be hope that United States Federal Immigration Law could be modified in order to allow for United States immigration benefits for Lesbian, Gay, Bi-sexual, and Trans-gender (LGBT) Couples.

Under the current laws on the books, embodied in the United States Immigration and Nationality Act (INA), Bi-national LGBT couples are precluded from obtaining immigration benefits based upon their relationship. Therefore, the same sex partner of an American Citizen cannot obtain United States Lawful Permanent Resident (Green card) status based upon their relationship in the same way that foreign spouse or fiance could. It would appear that this situation may soon change.

According to CBS News:

“[M]ore than 100 lawmakers in the House and about 20 in the Senate have signed onto bills that would add the United States to the 19 countries that already recognize same-sex couples for immigration purposes.”

Comprehensive Immigration Reform (CIR) is currently being considered in both the United States House of Representatives and the United States Senate. Many lawmakers are hoping to amend the currently pending bills with proposed amendments to correct the immigration injustice being perpetrated against bi-national same-sex couples. However, the proposed amendments to this legislation do not come without challengers, further from CBS News:

“The long-standing fight over the country’s estimated 36,000 same sex couples of two nationalities is a small but emotional part of the debate over immigration reform. But including same-sex couples in the mix could make it harder to pass an immigration overhaul. A key ally in past immigration fights, the U.S. Conference of Catholic Bishops, said it would not support a measure that has a same-sex provision.”

United States Representative Mike Honda is a supporter of the legislation aimed at ameliorating same-sex discrepancies in Immigration law. The so-called Re-Uniting American Families Act is similar to previous legislation known as the Uniting American Families Act (UAFA). In both proposals, an addition of the term “permanent partner,” will be made to the United States INA which will allow for a circumvention of the restrictions placed upon same sex couples under current federal law (DOMA).

President Obama has signaled his wish that some sort of US Immigration category be created that would allow same-sex couples to have benefits similar to different sex couples. There are questions among same-sex civil rights groups regarding just how much the President really supports their cause as the outcome of the same-sex immigration debate remains in doubt.

(This post is not legal advice. Contact a Licensed professional for legal advice. No lawyer-client relationship is created between the writer and any reader of this article.)

Tags: Defense of Marriage Act, gay immigration, gay visa, Immigration Equality, lgbt immigration, lgbt visa, Reuniting American Families Act, same sex visa, Uniting American Families Act
Posted in US Visa and Immigration, US Visa Thailand | No Comments »

The American State Department, as of May 24th, has begun offering benefits to same sex partners of American diplomats and State Department employees. This comes after many years of the US State Department refusing to grant benefits to same sex partners and spouses. The justification that the state department previously used was based upon the Defense of Marriage Act. State Department officials often sighted DOMA claiming that it precluded allowing benefits for same sex partners.

The current move made by the State Department signals a major shift in state department policy on the issue of same sex domestic issues. Of great import is the fact that among other benefits, same sex partners will be issued diplomatic passports along with their diplomat partner or spouse.

In a State Department memo circulated pursuant to this regulatory change Secretary of State Hilary Rodham Clinton hinted that this change was overdue. Secretary Clinton stated, “At bottom, the department will provide these benefits for both opposite-sex and same-sex partners because it is the right thing to do,”

This begs the question that if, at bottom, these benefits ought to be conferred because “it is the right thing to do,” then isn’t granting same sex couple’s US Family Immigration benefits the right thing to do as well? The Uniting of American Families Act is a piece of legislation that would allow US citizens to obtain US visas for their alien same sex partner.

In this situation, the US State Department has disregarded the spirit of the Defense of Marriage Act by conferring these benefits upon same sex partners and will likely prevail in doing so because offering these benefits is a prerogative of the Secretary of State and under the bailiwick of the executive branch of the United States government (Under the doctrine of Separation of Powers, there are certain areas in which each branch of government cannot be challenged by another branch).

The UAFA also subtly avoids the restrictions imposed by the Defense of Marriage Act by creating a new category of US Visa under the United States Immigration an Nationality Act. This new visa category would allow an alien to obtain a US visa based upon family relationship if the meet the definition of “permanent partner.”

As we have previously stated on this blog, the US Immigration implictions of the enactment of the Uniting of American Families Act would be a watershed for Same Sex immigration rights as well as a very interesting case study in conflict of laws.

For more information on US Immigration from Thailand Please see:

K1 Visa Thailand

Fiance Visa Thailand

K3 Visa Thailand

(Please note that the information contained herein is for educational purposes only and should not be used as a substitute for legal advice. No lawyer client relationship is formed between author and reader).

Tags: gay visa, lgbt visa, permanent partner visa, same sex visa, uafa, Uniting American Families Act
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration | No Comments »